Use of Highways by Aircraft Regulation

Use of Highways by Aircraft Regulation, M.R. 86/2004 The Highway Traffic Act , C.C.S.M. c. H60 Definitions 1 In this regulation, "applicator aircraft" means an aircraft that is equipped for aerial spraying and is being used to lawfully spray fertilizer, herbicide, pesticide or another substance onto the ground or a thing on the ground. (« aéronef utilisé pour la pulvérisation aérienne ») "Canadian applicator aircraft" means an applicator aircraft that is required to be registered under the Canadian Aviation Regulations , SOR/96-433, made under the Aeronautics Act (Canada). (« aéronef canadien utilisé pour la pulvérisation aérienne ») "foreign applicator aircraft" means an applicator aircraft that is not required to be registered under the Canadian Aviation Regulations . (« aéronef étranger utilisé pour la pulvérisation aérienne ») "owner" , in relation to (a) a Canadian applicator aircraft that is being operated under a lease, means the operator who has been issued an authorization to operate the aircraft under subsection 203.03(2) of the Canadian Aviation Regulations ; (b) any other Canadian applicator aircraft, means the owner shown as the aircraft's registered owner in the aircraft's registration certificate under the Canadian Aviation Regulations ; and (c) a foreign applicator aircraft, means the person who, under the laws of the aircraft's home jurisdiction, is authorized to operate the aircraft. (« propriétaire ») "qualified flagperson" means a flagperson who has completed a training course through the Department of Transportation and Infrastructure in the safe control of traffic. (« signaleur qualifié ») M.R. 115/2025 Use of paved highways by applicator aircraft 2(1) When no viable landing or takeoff site other than a paved highway is available, the pilot of an applicator aircraft may land on or take off from a paved highway if (a) the landing or takeoff is authorized by a permit issued by the traffic authority of the highway; and (b) he or she, or the aircraft's owner, complies with subsection 4(1), any conditions of the permit and the provisions of any applicable Act or regulation. 2(2) If the owner of the applicator aircraft is not its pilot, the owner must ensure (a) that the pilot does not land on or take off from a paved highway unless the owner has obtained a permit authorizing the landing or takeoff; and (b) that the owner or pilot complies with subsection 4(1), any conditions of the permit and the provisions of any applicable Act or regulation. Use of unpaved highways by applicator aircraft 3(1) When no viable landing or takeoff site other than an unpaved highway is available, the pilot of an applicator aircraft may land on or take off from a unpaved highway if he or she, or the aircraft's owner, complies with subsection 4(1) and the provisions of any applicable Act or regulation. 3(2) If the owner of the applicator aircraft is not its pilot, the owner must ensure that he or she, or the pilot, complies with subsection 4(1) and the provisions of any applicable Act or regulation. Rules applying to all landings and takeoffs 4(1) The owner or pilot of an applicator aircraft that lands on or takes off from a paved or unpaved highway must comply with the following rules: 1. Landings and takeoffs must only be made in daylight, between ½ hour after sunrise and ½ hour before sunset. 2. Before using the highway, the owner or pilot must notify the traffic authority of the highway and the police service that has law enforcement jurisdiction for the highway that the highway will be used by the aircraft and provide them with any information they require about the aircraft and its proposed use of the highway. 3. Aircraft operations must comply with the Aeronautics Act (Canada) and the regulations made under that Act. 4. Chemical handling and aircraft fuelling and loading must comply with the Transportation of Dangerous Goods Act, 1992 (Canada) and The Dangerous Goods Handling and Transportation Act and the regulations under those Acts. The pilot must move the aircraft a safe distance off the roadway and shoulder during fuelling and chemical loading. 5. The pilot must ensure that traffic stoppages are kept to a minimum and no single traffic stoppage is more than five minutes long. The pilot must also ensure that the aircraft does not remain on the highway any longer than is required for a landing or takeoff. The pilot must yield the right of way to emergency vehicles on the highway. 6. The operator must (a) provide at least two qualified flagpersons to control traffic while the aircraft is using the highway and, when circumstances warrant the presence of more than two, provide a sufficient number of qualified flagpersons to safely control traffic; or (b) arrange for traffic control by staff of the traffic authority of the highway or by the police service that has law enforcement jurisdiction for the highway. 7. If the operator provides qualified flagpersons, the operator or pilot must ensure that they (a) are stationed one each at a point 100 m beyond either end of the length of highway the aircraft is using for landings and takeoffs; (b) are present at their appointed stations throughout the period during which the pilot intends to use the highway for landings and takeoffs; (c) remain safely off the roadway and shoulder except when engaged in controlling traffic; (d) at all times wear traffic safety vests of either fluorescent orange with reflective silver or green diagonals or fluorescent green with reflective silver diagonals; (e) carry and use flagperson's paddles that comply with section 3.1 of the Schedule to the Traffic Control Devices Order , Manitoba Regulation 264/88; (f) ensure that traffic stoppages are kept to a minimum and no single traffic stoppage is more than five minutes long; (g) do not prevent emergency vehicles from passing through the landing–takeoff area unless the aircraft is landing or taking off and cannot safely abort. 8. Whether or not the operator arranges for traffic control through the traffic authority of the highway or the police service that has law enforcement jurisdiction for the highway, the operator must pay all costs, applicable overheads and expenses of the traffic authority and police service in relation to the operator's use of the highway. 9. Temporary airstrip signs that comply with section 80.11 of the Schedule to the Traffic Control Devices Order , Manitoba Regulation 264/88, must be placed one each at a point 200 m beyond either end of the length of highway the aircraft is using for landings and takeoffs. There must be a clear sight line of at least 300 m beyond each temporary airstrip sign. Drivers of vehicles on the highway approaching either end of the landing–takeoff area must have an unobstructed view of the temporary airstrip sign facing them throughout the full length of the 300 m distance. 10. The landing–takeoff area and lengths of highway between it and the temporary airstrip signs must not, unless it is unavoidable, be intersected by other highways or private roads or driveways. When another highway or a private road or driveway does intersect, rules 1 to 9 and 11 apply, with necessary changes, in respect of the intersecting highway or private road or driveway, with the following exceptions: (a) the qualified flagperson and temporary airstrip sign for an intersecting highway must be stationed 100 m and 200 m from the intersection, respectively; and (b) this regulation does not authorize flagpersons to trespass on private property, and, when a private road or driveway intersects, the qualified flagperson and temporary airstrip sign for the private road or driveway must be placed on the portion of the road or driveway that is located within the road allowance, and the distance requirements of rule 7(a) and distance and line-of-sight requirements of rule 8 do not apply. 11. The operator must have insurance coverage in force that includes coverage for liability for personal injury, death or damage to the property of others attributable to the aircraft's highway use. The insurance must provide coverage in a minimum amount of $2,000,000. per occurrence. 4(2) No person shall act as a flagperson for an applicator aircraft that is using a highway for landing or taking off unless he or she (a) is a qualified flagperson; and (b) except as provided in rule 10 of subsection (1), complies with rules 7 and 9 of that subsection. Coming into force 5 This regulation comes into force on June 1, 2004.